A Study On The Legal Countermeasures For The Protection Of Trade Secrets In Litigation Procedure In China

In today’s information age,all kinds of information are flooding our lives.All kinds of information not only enrich the content of our lives,but also change our production and life style to a certain extent,and constantly affect our study and work.The value and importance of information is self-evident.And the value of information is no longer limited to the superficial meaning value of a certain kind of information.The hidden value behind these information is expanding and extending through the power of science and technology.In the trade field,trade secret information,as the core trade information of an enterprise,largely determines the fate of an enterprise’s life and death.More and more attention has been paid to the protection of trade secret information.Whether we can take active and effective measures to protect the security of trade secret information poses a severe test to us.Part Ⅰ: Question statement.As the core information of many enterprises and companies,trade secret information should be protected effectively.In legal proceedings,because past neglect and non-standard,think after trade secret information into the procedure can be protected by effective foolproof,due to the complex of the proceedings and the participants in the proceedings of various main intervention makes the trade secret information in the increased risk of litigation stage leaked,there may be a trade secret information being "secondary leaks".In view of the current situation reflected in this situation,it is necessary for us to distinguish trade secret litigation cases from ordinary civil cases.We can consider optimizing the procedure of ordinary civil cases or drawing on the excellent experience of foreign countries to enrich our standard system of litigation.Part Ⅱ:The necessity of protecting trade secrets in our country’s litigation procedure.When the enterprise trade secret litigation-related in proceedings due to the special nature of the trade secret information,proof of program complexity,infringement of sustainability and the characteristics of high professional requirements,makes the trade secret cases involving lawsuit in civil,criminal and administrative cases and other proceedings are different from general characteristics of the lawsuit,it has set the necessity of protecting the special procedure in the lawsuit.Part Ⅲ:The problems of trade secret protection in our country’s litigation procedure.However,in the legislation and judicial practice of our country,there are still many practical problems to be solved after the cases involving trade secrets enter the stage of litigation.The lack of legislation and the existing laws and regulations make the trade secret cases "cannot be relied on" after they enter the litigation,which can only be handled according to the general case procedures.In judicial practice,the confidentiality obligation of participants in the trial process is not clear,and the contradiction between discovery of evidence and confidentiality requirement is prominent.Part Ⅳ:Improvement of the legal countermeasures for the protection of trade secrets in China’s litigation procedures.In view of the problems existing in the legislation and judicial practice of the trade secret cases in China,we consider to optimize or construct the special safeguard procedure that conforms to the trade secret cases in China on the basis of the current procedure of the general litigation cases in China.From the pre-litigation prevention stage,the pre-litigation control stage and the post-litigation maintenance stage,the pre-litigation injunction and preservation standard,the trial and evidence link in the litigation,the post-litigation confidentiality undertaking and non-competition agreement,the confidentiality enforcement standard and so on.The specific specifications in these litigation procedures are aimed at preventing unnecessary "Second leak" of trade secret information in litigation through the procedure setting.And The conclusion of this paper is expected to provide some references for the construction of future protection procedures of trade secret litigation.